Category: Uncategorized

The Oklahoma
settlement against Purdue Pharmaceutical will have no impact here in
Florida. Did you know that only one in
nine people addicted to an opiate gets treatment? Here in Sarasota and Bradenton, we are still
seeing people overdosing as a result of opiate addiction die needlessly. In the meantime, companies like Purdue
Pharmaceutical have made billions in obscene profits. This is not just an issue of law enforcement,
it is a health crisis. The Florida
legislature and law enforcement across the state still does not understand that
this is a medical issue, not just a “crime” issue. The real drug dealers are the huge
pharmaceutical companies that started this nightmare.

It was short sighted to simply create a drug database and crack down on the pill mills without dealing with all the people already addicted to the opiates. They simply switched to heroin and now Fentanyl. There are no old drug addicts. The all die. If you have a loved one addicted to an opiate, they need help and intervention. Unless and until the addiction problem is dealt with, law enforcement will never make a dent in the problem. As long as there is demand, someone will provide a supply.

I have suspected for months that local law enforcement is putting up links in adult porn sites encouraging people to download particular file sharing programs to view adult porn.
Most people do not know or understand how these programs work. If you download a file sharing program to your computer, it appears that law enforcement can come into your computer without your knowledge and extract files. This is because most of the peer to peer file sharing programs default to “share” and allow law enforcement to secretly access your computer. They can do this at the exact moment you are viewing something on your computer. No one should view child porn intentionally. The danger is that child porn files and videos are not necessarily identifiable until you click on the thumbnail or the file title. You can accidently view a child porn video by simply clicking on it to find out what it is. If at that moment, the exact time, you are out of curiosity trying to find out what it is, it is possible for the Sarasota Sheriff’s detective to download it from your computer and charge you with “transmission of child pornography”, even though you neither intentionally viewed it or “transmitted” it. Even if you delete it once you find out what it is, it is too late. Once in your computer, a video is difficult if not impossible for a non-computer savvy person to completely delete short of wiping clean the entire hard drive.

Do not get charged with possession of child pornography by accidently accessing it.

The simple answer is “Do not use peer to peer (ptp) programs like Bit Torrent for anything. Peer to Peer file sharing is dangerous. Here is the real danger. Once someone can come into your computer, they can change your “settings” and plant something on your hard drive. In the perfect world, the police would never plant evidence. We do not live in a perfect world. All too often we hear about police planting guns on suspects or planting drugs.

The latest Sarasota Internet Sex Stingis using phone applications like Skout.com to lure unsuspecting men into compromising chat, texting and meetings with undercover detectives.

The police are also using Grinder.com to target gay men. No one should be hooking up with a minor and as a sex crime lawyer, I have always said, the best way to not get arrested is to not commit a crime. Sadly, in Sarasota and Manatee County, the sex stings have resulted in men with learning disabilities or autism being sucked into compromising situations. The police sometimes create crime. Many of the police departments get federal funds from ICACand have to justify the funds with arrests. It is a lot easier for the police to simply create a crime interacting with a “mentally challenged” adult that to go out and actually detect real crime.

For the police, it is all about making an arrest and they could care less if they are arresting a mentally disabled or mentally challenged adult. To them, an arrest is an arrest. Sadly, some of the prosecutors (many of them young) are clueless when it comes to mental disabilities. They simply tow the party line and go forward and try and put them in prison. The sad truth is the most of the real pedophiles are too smart to get caught in the stings and the police are scraping the bottom of the barrel trying to justify agency funding. The State attorney needs to have experts in mental health, particularly experts in the field of intellectual disability and autism, come in and educate the assistant state attorneys so that they will have a better understanding of people with mental disability. A very important part of justice is compassion. To some prosecutors it is more about winning than doing true justice. I personally think that every prosecutor should spend one night in jail as a part of their training. It is similar to the situation with the homeless people here in Sarasota. Maybe if each city commissioner would spend 24 hours homeless and penniless on the streets of Sarasota they would have a better understanding of the challenges faced.
The real truth about the injustice of the Internet Sex Stingsneeds to be told

Jail bait sex sting running in Sarasota

Hooking up with a minor will land you in State prison.

Is there a sex sting running right now in Sarasota?

It looks like there might be.

You would have thought that when Craigslist shut down Casual Encounters and when the guys that ran Backpage.com got arrested that the stings would slow down. The new law imposing criminal liability on the webpage operators should have taken a real bite out of the Sex Stings making it more difficult for the undercover chatters to entrap men. I am curious and willing to bet that the cops are now targeting the phone applications and the other social media sites like snapchat.com,Facebook.com,Meetme.com , PlentyoFish.com or Grindr.com. They are going to have to start trolling the regular legitimate dating sites with teaser profiles. If anyone ever even hints they are underage, immediately report it to law enforcement. Do not let curiosity get the best of you. There are no real 14 or 15 year old girls or boys that want to have sex with older men. They want guys their age. It is always a cop.

If anyone ever hints they are “inexperienced” or want to “learn about sex” immediately stop chatting and block them. They don’t call it jail bait for nothing. The best way to not get arrested is to not commit a crime. There is no such thing an innocent talk with an underage minor. It is all bad. Do not do it.

As a sex sting lawyer, I run into guys all the time that let curiosity get the best of them. Do not fall for the bait. Do not do it. Over and over I see chats where the man asks “you are not a cop are you”. Typically, the undercover chatter replies “no, are you”. Police do not have to tell you they are the police. That is a myth. Sex with a 15 year old will get you up to 15 years in prison. It is not worth it. Walk away now.

The answer to that is simple. There is no such thing as “the best” lawyer.

There are many factors you have to consider in selecting an attorney. Unfortunately, when it comes to lawyers, there is no more competitive field of advertising. You cannot watch television for more than ten minutes without being subjected to egotistic lawyers whining about “get me justice” or touting their few successful verdicts. The Florida Bar tries to regulate lawyer advertising and no lawyer is supposed to claim he is the “best” or the “top” attorney in his field. Unfortunately, there are many lawyer referral services and advertising companies that walk a fine line when it comes to this type of promotion. When you see words like “super”, “the best” or “top” you really need to do your homework. Are they just “super” and the “best” at advertising

Selecting and attorney depends on your special needs. It is a lot like selecting a doctor. Not all doctors have the same qualifications or experience. You would not hire a dermatologist if you needed heart surgery. Not all lawyers are the same. For example, some engage in “general practice” taking all types of cases. Other lawyers, over the years, develop particular experience in particular types of cases. For example, defending a sex crime is different than defending a DUI. Defending a case involving tax fraud is different than defending a traffic ticket. The first thing you have to do is look for a lawyer that has real experience in the area you need. This means real experience in actually handling and trying those types of cases, not just experience in advertising. There are some lawyers who are fantastic at advertising and fantastic at making promises but seldom set foot in a courtroom and haven’t actually tried a criminal case in years. There are lawyers that claim to have offices everywhere and after they sign you up have some local guy actually show up.

What you need is the “best lawyer for you”. Research the type of case you have. Find out which lawyers handle that particular type of case. Research the attorney. Where did he go to law school? How long has he been actually representing people with your type of problem? Many criminal defense lawyers try and count their time as former prosecutors as experience in defending cases. Does the attorney have prior law enforcement experience? For example, if the attorney was a former FBI agent or Federal prosecutor, or former agent, he may have particular knowledge in a particular area. If you have a criminal case in Federal Court, having a former federal agent as you lawyer may be a huge advantage. Go meet with the lawyer. Sit across the desk from him. Ask yourself, “is this the person I want standing beside me in Court”? Do I have confidence in his skills and in his ability to represent me? Is he polite? You need a straight shooting lawyer who will give you an honest opinion of your actual chances of winning, not just tell you what you want to hear. If you have been arrested in Sarasota or arrested in Ft. Myers, your next decision is an important one. Hiring a lawyer is an incredibly important decision that should not be made on advertising alone.

Make an appointment and find out for yourself. Is this the lawyer for me? Bottom line, really look into the background of the lawyer.

There seems to be a peak in enforcement of the laws with respect to controlled substances. Car stop are on the increase. Undercover operations are on the rise, particularly with respect to opiates like Oxycontin and Oxycodone. All of the police agencies are targeting Fentanyl. Trafficking in Cocaine cases are surging and there is a major push in Ft. Myers, Punta Gorda,Venice, Sarasota and Bradenton to crack down on the dealers. Everywhere drug busts are on the increase.
“How do I know you are not a cop”? “I asked him if he was the police” Don’t they have to tell the truth about being a cop”?……I hear this all the time. News Flash….They are undercover cops and they can lie. The police in an undercover capacity do not have to truthfully answer or tell you they are cops. Duhhhh! That is why they call them undercover cops.

They didn’t read me my rights….Isn’t that illegal? The truth is, they don’t have to read you your rights. If the police see you commit a crime or if you deal with them and they are in an undercover capacity, they don’t have to read you your rights, even after they arrest you. The only time they have to read you your rights is if they are going to question you. If they don’t, then what you say is not supposed to be used in Court. The State may have a perfectly good case and not need you to answer questions.

How does having a prescription for medical marijuana affect your right to own or buy a gun?
So far, if you own a gun, it does not. If you go to buy a gun however, that is another story.

The Federal Firearms transfer form ATF 4473 has a specific question and warning. It specifically asks “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? It then goes on to state: “ Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the State where you reside
If you have a prescription for medical marijuana, and you answer this question with a “no”, you are at risk of being charged with a Federal Felony and facing up to ten years in prison. No one knows whether the Feds are going to seriously go after users of medical marijuana if they in effect lie on the form required to buy a firearm. How about if you have a misdemeanor conviction for possession of marijuana? Does that make you a “user” of marijuana? There is a difference between possession of marijuana and using or smoking it so you are probably OK if all it is a conviction for possession of pot.

The new Attorney General seems to be in the minority with his views on marijuana and who knows what the Feds are going to do. One the one hand, the current administration seems to favor gun rights but on the other hand takes an unrealistic view when it comes to weed. Time will tell when it comes to how the ATF enforces the law. It would be so easy for the ATF to simply get a list of everyone who has a script for medical marijuana and then just put them on a “no buy” list when it comes to firearms. If you have a prescription for medical marijuana in my opinion, you would be in technical violation of the law if you do not disclose it when you go to buy a gun. If you do disclose it, your purchase will be turned down. If you have someone else buy it for you, that deception is even worse because the form specifically asks “Are you the actual buyer of the firearm” and if someone lies about that, they will be prosecuted. It would be interesting to see how the Feds are treating this in the States with legalized use. Once again time will tell.

As a gun lawyer, over the years I have handled all types of firearms violation. I have yet to have a case since the changes when it comes to medical marijuana. For the average citizen, he or she may have to make a choice between using marijuana for legitimate medical purposes and being able to buy a gun. Think about that when you are deciding whether or not to get a prescription.
He will be your strong advocate — defending your rights always and seeking the best possible outcome.

Free Consultation With a Criminal Defense Lawyer — Call Today

For a free consultation with Peter Aiken, contact our firm. We have offices in Fort Myers, Cape Coral,Punta Gorda and Sarasota to serve you.

If you have been arrested and charged with domestic violence, chances are, you regret letting things get out of control.

The police have no tolerance when it comes to fights between a husband and a wife and is someone calls 911, someone is going to jail. Most of the time, it is the man who gets arrested but sometimes, the wife, the mother or the girlfriend is the one who is taken away to jail. A battery arrest has terrible consequences. Most of the time, the judge, before the person is released on bond, imposes as a condition of bond a no contact order. This is a terrible situation for the family because most of the time, the husband has nowhere to go. Most working families cannot afford two places to live. Many times, because of the arrest, the husband loses his job. The Courts sometimes set very high bail bond and the family has to spend a lot of money getting him out of jail.

In some situations the charges can be serious. If there is a bad injury, there may be an arrest for aggravated battery, a felony. If something is used as a weapon and thrown, or if a person hits another person with an object like of phone or a cooking pan, a felony can be charged. The charge depends on how bad a person gets injured and whether or not a weapon is used. How do these things come about?

As experienced criminal defense lawyers we have found that most of the time, alcohol is involved. Sometimes, jealousy is the cause. Sometimes good people do get arrested as a result of losing their temper. Our goal is to solve the problem. Hopefully the family can be reunited and saved. Our goal is to get people help and keep them from being too harshly punished. The Public Defender does not handle hearings for lifting no contact orders. You need your own private lawyer to help you through this crisis. It does not cost anything to talk to us. Call today at the numbers below for a confidential consultation.

If you are facing a DUI or Criminal Traffic charge, do you want a personal injury lawyer defending you? Do you want a family lawyer or a real estate lawyer standing beside you when the verdict is read?

Criminal law is all we do.

The Yellow Pages and the Internet are full of lawyers that claim they can represent you on a DUI (drunk driving) charge. Many lawyers try to wear many hats and be all things to all people. Do you want a general practice lawyer handling your criminal case? Do you want a foot doctor operating on your heart? Peter Aiken, Sean O’Halloran and Robert Foley, all former prosecutors, have been handling DUI criminal cases their entire careers. Criminal defense is all we do.

Should I use the Sarasota Manatee Charlotte Lee or Collier County Public Defender for a DUI or Criminal Traffic Offense?

As private lawyers, we get the video, we cross examine the arresting officer and we develop valuable testimony which can help your case long before a public defender would even be appointed.

Sarasota Bradenton Cape Coral and Ft Myers Drunk Driving Attorneys
Act now to save your license and driving privileges. Do not wait or it may be too late. At Aiken, O’Halloran & Foley, we have extensive experience in:

For those of you who watched “60 Minutes” on television on December 17th, , you already know the answer. McKesson Pharmaceuticals makes billions and for decades has turned a blind eye and concealed from the DEA the quantity of Opiates (pills) it has pumped into society. McKesson entered into a deal with the DEA to pay a $150 million dollar fine for not reporting suspicious drug orders. That is a drop in the bucket compared to what they make in one day dealing drugs. The drug companies, the huge corporations are the real drug pushers. They claim that it is the doctors and the pharmacies, but literally, the buck stops with them. They make the Oxycodone that has addicted and killed so many people in America.
If you have been arrested for possession of Oxycontin, Oxycodone, Fentanyl or Heroin, I would be willing to bet your addiction began with pain medication produced by the real drug dealers, the huge American drug companies. Many people who get injured go on to get addicted. For decades, the doctors have been writing scripts for these highly addictive pain killers. Housewives, construction workers and everyday normal people have been addicted by the over prescribing of pain meds by doctors. If you were in an automobile accident and the lawyers and doctors were trying to run up the “damages” documenting pain and suffering, you may have been prescribed Oxycontin or Oxycodone in excess. It is super easy to get addicted. As the pills got harder and harder to get, some people opted for Heroin as a substitute. Now everyday normal people have become addicts all because the huge drug companies for decades have pushed drugs and made billions. They are the real cartel, but in America, with their billions make them immune from prosecution. They are the donors who back our lawmakers. They are simply too big and too powerful to be prosecuted.

As a criminal defense lawyer I represent the people at the bottom of the food chain, the addicts. It is easy sometimes to take probation, but probation is a trap if you are an addict. What addicts need is treatment. The alternative is prison or death. Jail or prison is not the answer for addiction. Illegal possession of a certain quantity of opiates can result in trafficking charges and result in a long minimum mandatory prison sentence. The drug database has made it harder to get pills and the net result is people are dropping like flies from drug overdoses on Fentanyl. At our criminal defense firm, we are not judgmental. We understand how people end up being addicts. There is life after addiction. Do not give up. We will try and find a way to keep you out of jail and get you help. It costs nothing to give us a call.